Three men accused of assaulting an off-duty garda at a Dublin night-club were found not guilty at Dublin Circuit Criminal Court last night. They were acquitted in a majority verdict by a jury which had deliberated for nearly 3 1/2 hours.
Mr Francis Connelly (21), Two Mile House, Co Tipperary; Mr Terence O'Reilly (28), Grange Park, Rathfarnham, and his brother, Mr Leslie O'Reilly (22), Aiken Barracks, Dundalk, Co Louth, had pleaded not guil ty to assaulting Garda Keith Dore of Donnybrook station at Copper Face Jack's, Harcourt Street, on April 29th last year.
Closing submissions from the defence claimed the case had only been "half-investigated". Mr Padraig Dwyer, for Mr Terence O'Reilly, said if gardai had made any effort to investigate the case, they would have found some independent witnesses to the alleged incident.
"There wasn't even a masquerade of an attempt to find potential witnesses," he said. He claimed the two gardai called to the scene had decided "not to bother themselves" looking at videos from security cameras in the club which might have been helpful. He suggested their evidence had been "smelly".
Mr Bernard Condon for Mr Leslie O'Reilly told the jury the prosecution case was shoddy and close to being a shambles. "This whole thing stinks to highest heaven," he said, adding that there were "holes" all over the place.
Ms Caroline Biggs, for Mr Connolly, also claimed the case was not investigated fairly.
Ms Mary Rose Gearty, prosecuting, told the jury even if it decided the case was poorly investigated, it had to decide whether the defendants were guilty of assault based on the evidence presented.
Judge Yvonne Murphy said it was not a trial on the standard of investigation, but a trial for alleged assault and this was what the jury should keep to the forefront of its mind.
During the four-day trial, the jury heard evidence that the club was crowded when a scuffle took place, during which Garda Dore sustained a black eye and two chipped teeth. The scuffle was broken up by bouncers.
However, a garda called to the scene, Garda Joe Lowney, said he could find no witnesses. He said he did not take the names of security men at the club because they said they had not seen anything. He said he was informed there was no video evidence.
Garda Dore in his evidence agreed it was possible some of the security personnel in the club could have been off-duty gardai.
It was also alleged during the case that Garda Dore was very drunk and started the incident by waving a bottle which caused the O'Reilly brothers to punch him, which they claimed was self-defence. Garda Dore denied starting it, said he was not drunk, and claimed he was set upon and kicked on the ground.
It was also alleged that Garda Aisling O'Connor, the other garda who arrived on the scene, "didn't want to know" when the defendants told her Garda Dore had started it. She denied this.